Dish Network Solo ViP 411 - Manual (Page 143)

Appendix
133
Residential Customer Agreement
B. Physical Address/Change of Address. When setting up your DISH Network account, you must provide us with the physical
address where your Equipment will be located and your Services will be provided. A post office box does not meet this
requirement. You must give us immediate notice of any change of name, mailing address, telephone number, or physical
address where your Equipment is located. You may do this by notifying our customer service center by telephone or in writing
at the phone number, mailing address, or e-mail address set forth at the top of this Agreement.
C. Online Account Information. If you have an online account with us, you are responsible for maintaining the confidentiality of
your account username and password and for all activities that occur under your account username and/or password. You
must: (i) keep your account username and password confidential and not share them with anyone else; and (ii) immediately
notify us of any unauthorized use of your password and/or account username or other breach of security.
D. Third-Party Billing Agents. We may enter into relationships with third parties to provide billing and other services on our
behalf, in which case the terms and conditions of this Agreement shall apply to such third parties as applicable under the
circumstances. Additional terms and conditions imposed by our third-party billing agents may apply. For example and without
limitation: (i) late fees imposed by our third-party billing agents may be administered according to our third-party billing agent's
billing procedures and applicable state tariffs and regulations; (ii) our third-party billing agents may require that you to pay all
past due charges for Services, a restart fee, and/or a prepayment before we reconnect your Services; and (iii) other services
provided by our third-party billing agents, including without limitation, local telephone service, may need to be restored before
DISH Network Services can be restored, and a restoral fee and/or deposit may be required to restore third-party billing agent
services. Partial payments on third-party billing agent bills may be applied first to the balance due for other services billed on
your third-party billing agent bill, including without limitation, local telephone service, according to the third-party billing agent's
billing procedures and applicable state statutes and regulations. Please contact your third-party billing agent for details.
Failure to pay all or any part of your third-party billing agent bill may result in disconnection of Services.
E. Credit Checks. You authorize DISH Network to investigate your financial responsibility and creditworthiness, including
without limitation, acquiring credit reports and histories, and to report any payment defaults to credit reporting agencies.
Under the Fair Credit Reporting Act, you have the right to notify DISH Network if you believe we have reported inaccurate
information about your account to any credit reporting agency. Please include in any such notice the specific item of dispute
and why you believe the information reported is in error.
F. Applicable Law. This Agreement, including without limitation, all matters relating to its validity, construction, performance
and enforcement, and any claim, complaint or dispute arising out of or related to this Agreement, the Services or the
Equipment shall be governed by the laws and regulations of the State of Colorado without giving effect to its conflict of law
provisions. This Agreement is subject to amendment, modification or termination if required by such laws or regulations. If
any provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that provision will be
considered modified to the minimum extent necessary to make such provision legal and no longer in conflict with such law or
regulation, without affecting the validity of any other provisions.
G. Remedies Cumulative. The rights and remedies provided under this Agreement to DISH Network in case of your default or
breach of this Agreement are cumulative and without prejudice to any other rights and remedies that DISH Network may have
by reason of such default or breach at law, in equity, under contract or otherwise (all of which are expressly reserved).
H. Other. No salesperson, installer, customer service representative, authorized retailer, or other similarly situated individual
is authorized to change or override this Agreement. DISH Network may, however, change this Agreement at any time and will
notify you if that occurs. The terms and conditions of this Agreement that either are expressly stated to survive or by their
nature would logically be expected to survive its expiration or termination will continue thereafter. This Agreement is in
addition to any other written agreement(s), if any, between you and DISH Network, including without limitation, any applicable
Promotion Agreement, and except as provided to the contrary herein, all such written agreements shall remain in full force
and effect. Except as expressly set forth in this Agreement to the contrary, this Agreement replaces and supersedes any and
all prior DISH Network Residential Customer Agreements in their entirety, and such prior DISH Network Residential
Customer Agreements shall be of no further force or effect whatsoever. In the event of any ambiguity between this Agreement
and any applicable Promotion Agreement, DISH Network shall have the sole and exclusive authority to interpret and/or make
a final determination concerning any issue arising from such ambiguity.